A defendant shall be punished by imprisonment for three years.

One knife (No. 1) seized, and one knife.

2. Before deciding on the grounds for appeal by the Defendant’s ex officio, the Prosecutor applied for changes in indictment to the effect that the Defendant committed each of the instant crimes in the state of mental and physical disability as follows. Since the subject of the judgment was changed by this court’s permission, the judgment of the court below was no longer maintained.

3. Therefore, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is reversed and it is again decided as follows.

On the other hand, since the prosecutor filed a request for medical treatment and custody against the defendant at the trial court, the prosecutor makes a decision on the application along with the defendant

Criminal facts

The criminal facts acknowledged by this court are identical to the corresponding column of the judgment of the court below, except for the addition of "the defendant suffering from stimulative disorder, who lacks the ability or decision-making ability to discern things due to mental or physical disorder," and therefore, it is invoked in accordance with Article 369 of the Criminal Procedure Act.

An applicant for a medical treatment and custody based on the medical treatment and custody has committed each of the above crimes under the lack of the ability to discern things or make decisions due to a mental or physical disorder and needs to be treated at the current medical treatment and custody facility and is in danger of recidivism.

Summary of Evidence

1. The original judgment and the statement in court room of the defendant;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;

1. Each police statement made to D and E;

1. Each injury diagnosis letter;

1. Each protocol of seizure;

1. Criminal records;